[Federal Register Volume 89, Number 80 (Wednesday, April 24, 2024)]
[Rules and Regulations]
[Pages 31078-31090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08453]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 34
[Docket No.: FAA-2023-2434; Amdt. No. 34-7]
RIN 2120-AL83
Control of Non-Volatile Particulate Matter From Aircraft Engines:
Emission Standards and Test Procedures
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
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SUMMARY: This action adopts standards for measuring non-volatile
particulate matter (nvPM) exhaust emissions from aircraft engines. With
this rulemaking, the FAA implements the nvPM emissions standards
adopted by the Environmental Protection Agency (EPA), allowing
manufacturers to certificate engines to the new nvPM emissions
standards in the United States, and fulfilling the statutory
obligations of the FAA under the Clean Air Act.
DATES: This rule is effective May 24, 2024.
The incorporation by reference of a certain publication listed in
this rule is approved by the Director of the Federal Register as of May
24, 2024. The incorporation by reference of a certain other publication
listed in this rule was approved by the Director of the Federal
Register as of December 31, 2012 (77 FR 76842).
Comments on this rule must be received by June 24, 2024.
ADDRESSES: You may send comments identified by docket number using any
of the following methods:
Federal eRulemaking Portal: Go to www.regulations.gov and
follow the online instructions for sending your comments
electronically.
Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Fax: Fax comments to Docket Operations at 202-493-2251.
Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
Docket: Background documents or comments received may be read at
www.regulations.gov at any time. Follow the online instructions for
accessing the docket or visit Docket Operations in Room W12-140 of the
West Building Ground Floor at 1200 New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Ralph Iovinelli, Office of Environment and Energy
(AEE-300), Federal Aviation Administration, 800 Independence Ave SW,
Washington DC 20591; telephone (202) 267-3566; email
[email protected].
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA's authority to issue rules on aviation safety is found in
Title 49 of the United States Code. Subtitle I, Section 106 describes
the authority of the FAA Administrator.
The Clean Air Act Amendments of 1970, title 42 of the United States
Code, Chapter 85, Subchapter II, part B, Section 7572, grant the
Secretary of Transportation the authority to ensure compliance with
aviation emission standards adopted by the United States EPA. Further,
49 CFR 1.83(c) delegates to the FAA Administrator the authority to
``[C]arry out the functions vested in the Secretary by part B of title
II of the Clean Air Act.''
This rulemaking adopts regulations to enforce the standards adopted
by the EPA under its authority in the Clean Air Act (the Act) in 40 CFR
part 1031 at the time of aircraft certification to control certain
emissions from airplane engines. This rulemaking is issued under 42
U.S.C. 7572 and 49 CFR 1.83(c).
Good Cause Statement
Section 553 of the Administrative Procedure Act (APA) (5 U.S.C.
553) requires Federal agencies to publish a notice of proposed
rulemaking unless ``. . . the agency for good cause finds (and
incorporates the finding in a brief statement of reasons therefor in
the rules issued) that notice and public procedure thereon are
impractical, unnecessary, or contrary to the public interest.'' Under
this section, an agency, upon finding good cause, may issue a final
rule without seeking comment prior to the rulemaking.
This rule adopts the procedures necessary for the FAA to implement
the regulatory emissions limits and test requirements (together
referred to as standards) for nvPM emitted by aircraft engines adopted
by the EPA under 42 U.S.C. 7571 (sec. 231 of the Act) (87 FR 72312,
November 23, 2022) that were effective December 31, 2022. These
standards are set forth in 40 CFR part 1031. The FAA is statutorily
required (see 42 U.S.C. 7572 (sec. 232 of the Act)) to incorporate the
EPA's nvPM emissions standards into its regulations (14 CFR part 34)
and apply the regulatory requirements that will allow applicants to
demonstrate compliance with the emissions standards at the time of
engine airworthiness certification. The FAA has no authority to alter
the standards (emission limits and test requirements) adopted by the
EPA for engine emissions in 40 CFR part 1031.
The emission standards adopted by the EPA in 40 CFR part 1031
represent the results of widely coordinated
[[Page 31079]]
international efforts and public notice and comment rulemaking. The
FAA, EPA, industry representatives, and foreign certification
authorities all participated in a multi-year process that resulted in
the nvPM standards adopted by the International Civil Aviation
Organization (ICAO), which the EPA thereafter prescribed in 40 CFR part
1031. Because the FAA has no authority to change any of the standards
adopted by the EPA, a solicitation of comments will not result in any
substantive changes to the standards and would unnecessarily delay
their implementation.
Accordingly, the FAA finds that notice and comment on the standards
and procedures adopted in this rulemaking is unnecessary because the
FAA does not have authority to make changes to the standards or
procedures adopted by the EPA and the EPA issued its proposed rule for
notice and sought public comment on these standards and test procedures
prior to promulgating them on November 23, 2022.
Therefore, FAA finds that good cause exists under 5 U.S.C.
553(b)(3)(B) to waive prior notice and the opportunity for comment
because such procedures are unnecessary.
Although the FAA has no authority to change any of the emission
standards or procedures adopted by the EPA in accordance with the Act,
the FAA is requesting comment from interested parties regarding the
parts of this rulemaking that adopt the certification regulations in 14
CFR part 34 and implement them at the time of aircraft engine
certification. The FAA will review and consider any comments received.
Notice of any action the FAA takes as a result of a comment will be
published in the Federal Register.
Comments Invited
The FAA encourages interested persons to participate in this
rulemaking by submitting written comments containing relevant
information, data, or views. The FAA also invites comments relating to
the economic, environmental, energy, or federalism impacts that might
result from the adoption of these requirements. While the FAA cannot
amend the substance of the rule based on comments, it may take them
under advisement for future actions. The FAA will consider comments
received on or before the closing date for comments. The FAA will also
consider late filed comments to the extent practicable.
See section VII., ``How to Obtain Additional Information,'' for
information on how to comment on this final rule and how the FAA will
handle comments received. That section also contains related
information about the docket, privacy, and the handling of proprietary
or confidential business information. In addition, there is information
on obtaining copies of related rulemaking documents.
I. Executive Summary
This rulemaking adopts the regulations necessary for the Federal
Aviation Administration (FAA) to implement the Environmental Protection
Agency's (EPA) new aircraft engine emissions standards and
certification test procedures for non-volatile particulate matter
(nvPM) that were effective December 23, 2022.\1\ The nvPM standards
replace the historical smoke number (SN) requirements for certain
larger aircraft engines and create new standards to address
nvPMmass and nvPMnumber.
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\1\ 87 FR 72312--Control of Air Pollution From Aircraft Engines:
Emission Standards and Test Procedures.
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Since the EPA and FAA share the authority for aircraft engine
emission standards under the Clean Air Act (the Act),\2\ this action
modifies 14 CFR part 34 (part 34) by adopting maximum nvPM mass
concentration (nvPMMC) as the standard that addresses
emissions plume invisibility, limits for nvPMMC, and limits
for nvPM mass (nvPMmass) and nvPM number
(nvPMnum), for certain classes of subsonic turbofan engine
emissions. As part of this action, the FAA is incorporating by
reference the ICAO test procedures needed to measure nvPM at
certification and adding the definitions and abbreviations to part 34
that are used in the nvPM certification standards. The new nvPM
emissions standards apply to engines having a rated output greater than
26.7 kilonewtons (kN). The FAA is also amending its regulations to
reflect the EPA's application of smoke number (SN) standards to all new
supersonic engines regardless of size, and by adopting the same
clarifying language promulgated by the EPA for the current fuel venting
standard.
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\2\ Clean Air Act mandates under 42 U.S.C. 7571 and 7572--
Establishment and Enforcement of Standards. 42 U.S.C. 7571:
Establishment of standards (house.gov) and 42 U.S.C. 7572:
Enforcement of standards (house.gov)
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The FAA is adopting the same nvPM emissions limits as those
promulgated by the EPA and ICAO. Engine manufacturers are already
complying with ICAO nvPM standards; this rule will not cause
manufacturers to incur additional costs to certificate an engine in the
United States. Manufacturers would likely incur higher costs if this
rule is not implemented, since they would be required to seek
certification with a non-U.S. authority to remain competitive globally.
More detail on the cost analysis is provided in Section V. A. of this
document.
This final rule fulfills FAA's obligation to implement EPA's new
emissions standards for U.S. civil aircraft and conforms U.S.
regulations with the standards and recommended practices (SARPs)
adopted by ICAO.
II. Background
Aircraft engine exhaust is comprised of gaseous compounds, and of
particulate matter that contributes to both visible plume exhaust and
atmospheric particulate matter. Particulate matter emissions include
both volatile and non-volatile components. Non-volatile particulate
matter (nvPM) is emitted directly from the engine and is comprised of a
small amount of carbon particles (or ``soot'') that did not fully
convert to the gaseous form of carbon dioxide (CO2) during
the combustion process. Volatile particulate matter (vPM) condenses and
agglomerates in the aircraft exhaust plume or where the gaseous
emissions from the plume react with ambient chemicals present in the
atmosphere. Since vPM are affected by atmospheric conditions and
undergo rapid changes when emitted, they are difficult to predict or
measure accurately. This rule does not address vPM, nor are there
international standards for aircraft engine vPM emissions.
In 1973, the U.S. first addressed particulate matter emissions by
adopting the smoke number (SN) standards of part 34 that focused on
visible aircraft exhaust plumes. The SN standard was established to
eliminate the visible particulate matter directly emitted by aircraft
engines, rendering exhaust plumes invisible to the human eye. SN is
determined by measuring the opacity of a filter after soot has been
collected on it during the engine emissions certification test required
by Sec. 34.23(a).
In 2013, ICAO recognized that measuring nvPM emissions allowed a
more comprehensive approach to controlling visible aircraft exhaust
plumes by describing the nvPM emissions that are most likely to impact
human health and welfare, and by establishing regulatory limits for
them. As a result, the ICAO Committee on Aviation Environmental
Protection (CAEP) began the first of two standard-setting actions work
programs in its tenth triennial cycle (CAEP/10, 2013-2016) to
incorporate non-volatile particulate matter emissions measurement and
limits in ICAO's
[[Page 31080]]
SARPs for turbofan engines greater than 26.7 kilonewtons (kN) of rated
thrust.
As part of its first standard setting action, ICAO recognized that
the measurement known as maximum nvPM mass concentration
(nvPMMC) is a more accurate and modern replacement for the
optical visibility standard represented by the long-standing SN
standard. The visibility limit for nvPMMC was developed by
ICAO using both measured SN and nvPMMC data from several
modern engines to derive a SN-to-nvPMMC correlation. This
correlation was then used to transfer the existing regulatory SN limit
into an equivalent nvPMMC limit without increasing
stringency. The nvPMMC measurement standard maintains the
standard of invisibility of the exhaust plume that was achieved using
SN but uses modern testing methodologies. The ICAO/CAEP analysis
confirmed that an nvPMMC standard at maximum concentration
is equivalent to the existing SN standard in controlling exhaust plume
visibility.
In 2017, ICAO adopted the nvPMMC standard for engines
with a rated output of greater than 26.7 kN to provide for a more
precise measurement of particulate matter exhaust emissions than was
possible using the SN standard. The ICAO SARP that included the
nvPMMC standard was effective January 1, 2020, officially
replacing ICAO's SN standard for civil subsonic aircraft engines that
produce more than 26.7 kN of rated thrust.
From 2016 to 2019 (the CAEP/11 triennial cycle), ICAO set standards
for two additional parameters for nvPM emissions from affected aircraft
engines: nvPM mass (nvPMmass) and nvPM number
(nvPMnum) as the second of the two standard-setting actions.
These nvPM standards were directed at controlling emissions from larger
aircraft engines by addressing nvPM levels that are produced near
airports, measuring nvPM \3\ during landing and takeoff (LTO) cycles.
The ICAO SARP that included the nvPMmass and
nvPMnum standards was effective January 1, 2023, for the
same engines to which the nvPM mass concentration SARP applied.
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\3\ ICAO SARPs address only aircraft engines large enough to be
used on international flights, ICAO leaves the regulation of smaller
engines likely to be operated only domestically to the member
States.
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As a signatory State to the Chicago Convention, the United States
must establish standards that have the highest practicable degree of
uniformity to the ICAO SARPs, or file a difference. By implementing the
standards promulgated by EPA \4\ that included ICAO's nvPM emissions
standards, this rulemaking is the final action the United States needs
to take to conform U.S. nvPM certification standards to the ICAO SARPs.
This rule incorporates into 14 CFR part 34 the aircraft engine nvPM
emissions standards adopted by the EPA in 40 CFR part 1031 that are
required when certificating certain aircraft engines in the United
States.
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\4\ The EPA final rule that amended 40 CFR part 1031 was
published at 87 FR 72312 (November 22, 2022).
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III. Summary of Regulatory Changes
This final rule adopts the emissions levels and test requirements
that will allow the FAA to certificate aircraft engines to the nvPM
emissions standards developed by ICAO and made effective in the United
States by the EPA on December 23, 2022. These new nvPM standards apply
to subsonic aircraft turbofan engines having a rated output greater
than 26.7 kN.\5\ As a practical matter, the new nvPM emission standards
allow engine manufacturers to use the same probe and rake collection
system used to measure gaseous pollutants to simultaneously measure
nvPM emissions for certification purposes. This simultaneous
measurement eliminates the separate SN collection and measurement of
soot on filter paper, reducing the amount of fuel needed to conduct
separate engine tests, and making the component emissions measurements
more representative of an engine's output.
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\5\ In 2003, ICAO found that ``[T]here was an insignificant
impact on the environment from aircraft engines of less than 26.7 kN
(6000lb) thrust, and the cost of emissions reduction for these
engines was high. There was no evidence to support emissions
regulation for these small engines.'' The 26.7kN applicability for
emissions has been the accepted standard in FAA part 34 regulations
such as Sec. Sec. 34.21(d)(1) and 34.23(a)(1).) ICAO has left
emissions regulation of engines with lesser output to the discretion
of the member States.
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The new nvPM emissions standard has three parameters: maximum
nvPMMC, nvPMmass, and nvPMnum. Maximum
nvPMMC ensures the measurement continuity for visible
particle emissions that SN established. nvPMmass, measures
the total weight (mass) of the non-volatile carbon particles emitted
during a time-weighted landing and takeoff (LTO) test cycle.
nvPMnum is a measurement of the number of non-volatile
carbon particles emitted during the same time-weighted LTO test cycle.
The addition of nvPMmass and nvPMnum represents
the first time the component characteristics of non-volatile emissions
are being measured. The ability to identify and measure these
components will allow regulatory authorities to establish more
stringent limits in the future as a means to better protect human
health and welfare. For a comprehensive discussion of the health
effects of particulate matter on humans, see the preamble to EPA's
final rule for nvPM at 87 FR 72319 (Nov 23, 2022).
The nvPM test and measurement procedures require the use of
additional equipment and procedures compatible with those currently in
use for measuring gaseous pollutants. The FAA is both incorporating by
reference the nvPM test and measurement procedures described in ICAO
Annex 16, Volume II (as adopted by the EPA), and adding additional test
procedures in new Sec. Sec. 34.71 and 34.73 in order to fully
implement the EPA's standards.
In addition to the nvPM standards and methods described, the FAA
has included other minor, nonsubstantive changes to the existing
emissions regulations as they relate to nvPM to make part 34 consistent
with the EPA regulations of 40 CFR part 1031, as described in Section H
below. The FAA has also created a centralized incorporation by
reference (IBR) section to index the ICAO materials that part 34
incorporates by reference, as described in Section G, below.
IV. Discussion of This Final Rule
This final rule establishes the certification standards for
nvPMMC, nvPMmass, and nvPMnum
emissions from certain classes of subsonic engines that have a rated
output greater than 26.7 kN, and adopts the associated test procedures
established by ICAO and adopted by the EPA at 87 FR 72319 (Nov 23,
2022) required for certification in the United States. These
regulations replace SN with nvPM as the required emission standard for
particulate matter for applicable engines, as adopted by the EPA. None
of the changes made in this rule adding nvPM measurements as a
requirement for certain engines are meant to affect the SN requirements
for engines of any class having a rated output of 26.7 kN or less, for
turboprop engines (Class TP), or for supersonic engines (Class TSS).
The nvPM requirement is adopted in Sec. 34.25, and the test
requirements in a new Subpart H to part 34 comprised of Sec. Sec.
34.71 and 34.73. This rulemaking adds nvPM characteristics to the
requirements for a finding of similarity of a derivative engine in
Sec. 34.48. These substantive changes are described as follows.
[[Page 31081]]
A. Addition of Maximum nvPM Mass Concentration Standards for Aircraft
Engines--Sec. Sec. 34.25(a)(1) and 34.25(c)(1)
For Class TF, T3, or T8 engines (regulated classes of large
turbofan engines) with a rated output greater than 26.7 kN, this rule
replaces the SN requirement with a measurement of a maximum nvPM mass
concentration (nvPMMC) limit in micrograms per cubic meter
[[mu]g/m\3\]. This action maintains the standard that aircraft engine
exhaust plumes remain invisible, which was the intent of the ICAO
standards adopted in the United States by the EPA. When determining
nvPMMC, values must be obtained from measurements made
across the entire thrust range of an engine. The characteristic level
of the measured maximum nvPMMC value may not exceed the
regulatory limit established using the formula in Sec. 34.25. The
required test procedures and compliance demonstration for nvPM are
discussed in section I.
B. Addition of nvPM Mass and nvPM Number Standards for Aircraft
Engines--Sec. Sec. 34.25(a)(2) and 34.25(c)(2)
The standards for nvPMmass and nvPMnum apply
to all subsonic turbofan and turbojet engines that have a rated output
greater than 26.7 kN. The nvPMmass limit is the mass of
emissions of nvPM expressed in milligrams (mg) divided by kN of rated
thrust, as determined over the LTO cycle. The nvPMnum limit
is the number of particles divided by kN of rated thrust, as determined
over the LTO cycle.
An engine for which an application for an original type certificate
is submitted on or after January 1, 2023, is subject to the
nvPMmass and nvPMnum emission limits of Sec.
34.25. An engine that was type certificated before January 1, 2023, for
which an application for type design modification is submitted on or
after January 1, 2023, is also subject to the nvPMmass and
nvPMnum emission limits of Sec. 34.25. This date is
consistent with the effective date of the EPA final rule that adopted
these standards.
The FAA is incorporating by reference into part 34 the nvPM test
and measurement procedures of ICAO Annex 16, Volume II, Appendices 4, 6
and 7. The EPA incorporated these appendices and Appendix 8, which is
not relevant to FAA regulations,\6\ This incorporation by reference
continues the FAA use of these procedures in part 34 to conform to
accepted international standards. These requirements are discussed in
Section I of this document.
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\6\ Control of Air Pollution From Aircraft Engines: Emission
Standards and Test Procedures quotes ``The EPA is incorporating by
reference Appendix 8 of Annex 16, Volume II, which outlines
procedures used to estimate measurement system losses, which are a
required element of the reporting provisions.'' page 72333 in FR Vol
87 No 225, November 23, 2022.
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C. Smoke Number Standards in Sec. 34.21(e)
As stated in Section IV, the nvPM standards for engines with a
rated output greater than 26.7 kN are a replacement for SN requirements
in certain classes of engines. For all other classes of engines, this
rule revises Sec. 34.21(e) to group the continuing SN requirements in
one paragraph for ease of reference; the SN standards had been
scattered in various sections of part 34 as compliance dates were added
over time. Consistent with the standards adopted by the EPA and ICAO,
the SN requirements are unchanged for engines not subject to nvPM. The
applicability of Sec. 34.21(e) was modified as described here to
maintain regulatory consistency.
Section 34.21(e)(1)(A) and (B) carry forward the SN requirements
for engines of the applicable class and size produced before January 1,
2023. The SN requirements of paragraph(e)(1)(B) were misplaced in Sec.
34.23(a)(1) and referenced as a gaseous emission standard. The
requirement was moved to (e)(1)(B) and Sec. 34.23(a)(1) is marked
reserved to maintain the integrity of references to the gaseous
emissions standards of Sec. 34.23.
Paragraph (e)(1)(C) applies to described engines manufactured after
January 1, 2023, and contains a modification to the applicability of
the SN requirements to maintain consistency with EPA regulations. Over
time, regulatory changes by the U.S. and ICAO resulted in a discrepancy
of applicability between the two sets of regulations. If the United
States maintained its applicability division, an engine with exactly
26.7 kN of rated output would be subject to the SN standard in other
ICAO member States, but subject to nvPM standards in the United States.
In its rulemaking, the EPA adopted the ICAO standard for the division
between SN and nvPM applicability. The FAA is adopting the same EPA and
ICAO applicability descriptors to prevent a situation where an engine
of exactly 26.7 kN of rated output would, without reason, be subject to
two different standards. Accordingly, the SN standard for engines
manufactured on or after January 1, 2023, has been modified to apply to
engines having a rated output of 26.7 kN or less. The FAA is not aware
of any engines rated at exactly 26.7 kN, so there are no practical
consequences to this realignment, and it has no retroactive
applicability.
Section 34.21(e)(2) contains the SN requirements for certain
classes of engines manufactured on or after January 1, 1984, and before
January 1, 2023. Engines of those classes manufactured on or after
January 1, 2023, are subject to the new nvPM requirements of Sec.
34.25.
Section 34.21(e)(3) carries forward the SN standard for certain
turboprop (class TP) engines manufactured on or after January 1, 1984.
This requirement is unchanged.
Section 34.21(e)(4) makes the SN standard appliable to all
supersonic (class TSS) engines regardless of rated thrust. Because
emissions standards for supersonic engines have not yet been agreed to
internationally, these engines were not included by ICAO in the new
nvPM standard. The EPA adopted the ICAO standard for SN to apply to all
supersonic engines regardless of rated output in 40 CFR part 1031. This
regulation carries forward that requirement in part 34.
D. Fuel Venting Description Sec. 34.11
The fuel venting standard in part 34 subpart B prohibits the
discharge of fuel to the atmosphere following engine shutdown. Fuel
venting emissions are described as fuel discharge during all normal
ground and flight operations. Following discussions with the EPA and
ICAO, this rule adds the word ``liquid'' before ``fuel'' in the fuel
venting requirements to prevent the application of the regulation to
small amounts of fuel that vaporize on hot engine parts after shutdown.
Small amounts of vaporizing fuel was not the concern of the fuel
venting prohibition drafted in the 1960s, which was intended to address
the then-common practice of dumping large amounts of liquid fuel on the
ground after engine shutdown. This change will not have any effect on
the requirements for engine type certification, and is a concept
commonly understood in the industry.
E. Adding nvPM Characteristics for Derivative Engine Findings--Sec.
34.48
Section 34.48 prescribes standards for finding that an engine is a
``derivative engine for emissions purposes'' by assessing the emissions
similarity between an engine and its proposed derivative. Status as a
derivative engine determines whether the proposed derivative must
undergo complete emissions testing. The addition of an nvPM standard
requires that the derivative engine considerations also include nvPM
characteristics for engines that may be considered as a
[[Page 31082]]
derivative of an engine manufactured after January 1, 2023. These
emission similarity ranges for nvPM have been included in Sec.
34.48(b)(1)(v). Section 34.48(b)(3) is added for consistency with EPA
regulations. The requirements for nvPM testing of a derivative engine
are addressed in Sec. 34.25(b).
F. Addition of Test Procedures and Compliance Demonstration for nvPM--
Subpart H, Sec. Sec. 34.71 and 34.73
In order to implement the nvPM standards adopted by the EPA, FAA
regulations must include effective test and measurement procedures in
the emissions certification requirements for use by manufacturers.
These tests and procedures have been placed in a new subpart H to part
34 as Sec. Sec. 34.71 and 34.73.
Section 34.71 identifies the nvPM emissions test requirements, such
as the minimum number of emissions test runs required, the number of
engines of the same type design that may be used to gather test data,
and the operational conditions required for emissions certification
(Sec. 34.71 (b), (c), and (g)). The section also includes test fuel
specifications (Sec. 37.71 (d)), a description of the LTO cycle (Sec.
34.71(h)), and how to prepare and operate an engine for emissions
certification (Sec. 34.71 (f)). Section 34.71(i) states how
characteristic values, in conjunction with Table A6-1 of Annex 16 Vol
II, Appendix 6, are to be determined.
Many of the test and measurement procedures required for nvPM were
identified and described by ICAO. Section 34.71(e)(1) includes an
incorporation by reference of ICAO Annex 16, Volume II and its
Appendices requiring that those tests and procedures in the applicable
Annex appendices be used when measuring and collecting data, including
the other requirements of Sec. 34.71.
Section 34.71 (e)(2) instructs the applicant on the procedures
necessary when requesting a deviation from any of the test procedures
or compliance demonstrations of subpart H. The FAA expects that any
such deviation request would be from a test or procedure that was
included in the approved test plan, but was discovered to be unworkable
before the test is actually conducted. Any deviation proposed must be
approved by the FAA before any emissions test is conducted. The FAA
will consult with the EPA prior to making a written determination on
any requested deviation.
Section 34.71(j) requires that all measurements be included in nvPM
calculations. This section also cautions that if an applicant seeks to
exclude any measurements, that data must be submitted to the FAA with
justification for the exclusion, and that the exclusions must be
approved by the FAA before the applicant makes any nvPM calculations.
Section 34.73 requires applicants to perform a compliance
demonstration that shows the engine emissions of nvPM are within the
applicable limits provided in Sec. 34.25. A demonstration of
compliance includes calculations to determine the characteristic nvPM
emissions levels for maximum nvPMMC, nvPMmass,
and nvPMnum using the measurements collected in accordance
with Sec. 34.71. The applicant's compliance demonstration must be
conducted within 90% confidence intervals (Sec. 34.73(d)), use the
required rounding in calculations (Sec. 34.73(a)(3)), and correct for
standard temperature and pressure as prescribed in the ICAO Annex 16,
Volume II Appendix 1.
Section 34.73(c)(1) directs the applicant to conduct the minimum
number of measurements at the thrust settings given in Sec. 34.71(h).
However, this section also provides an applicant with the flexibility
to make as many additional measurements as it chooses across the entire
thrust range of an engine when measuring nvPM. More measurements
conducted across the thrust range of an engine result in improved
understanding of any trending nvPM behavior. Section 34.71(c)(1) also
allows an applicant to choose one of the three equivalent evaluation
methods listed in that section when calculating nvPMMC. Once
nvPM emissions certification testing is complete, Sec. 34.73(e)
identifies the required information to be reported to the FAA in the
emissions test report. The FAA notes that the EPA has separate
reporting requirements that are not part of this rulemaking.
G. Incorporation by Reference (IBR) Section
This final rule includes a new section, Sec. 34.4, that indexes
all material incorporated by reference in part 34. The FAA determined
that it was appropriate with this final rule to create a centralized
IBR section indexing all the materials incorporated by reference in
Part 34, for ease of reference and future revision.
The OFR has regulations concerning incorporation by reference (1
CFR part 51). These regulations require that, for a final rule,
agencies must discuss in the preamble the way in which the materials
that the agency incorporated by reference are reasonably available to
interested persons, and how interested parties can obtain the
materials. In addition, in accordance with 1 CFR 51.5(b), the agency
must summarize the material in the preamble of the final rule.
Because this rule was passed to harmonize United States regulations
with international standards, this final rule incorporates Annex 16 to
the Convention on International Civil Aviation: Environmental
Protection, Volume II--Aircraft Engine Emissions, Fourth Edition, July
2017 (ICAO Annex 16, Volume II). Appendices 1,4, 6, and of the 2017
Annex are referenced in Sec. 34.71 and 34.73, and appendices 4 and 6
of the Annex are referenced in Sec. 34.73. The content of these
appendices is described above, in sub-part F.
The 2008, Third Edition, of the Annex is referenced in Sec. Sec.
34.1 and 34.60. The incorporation by reference of the 2008, Third
Edition, of the Annex was approved by the Director of the Federal
Register as of December 31, 2012 (77 FR 76842). The new Sec. 34.4
includes the 2008 and 2017 editions of the ICAO Annex as well. All
approved material is available for inspection at the FAA. Contact the
FAA Office of Rulemaking (ARM), 800 Independence Avenue SW, Washington,
DC 20590 (telephone 202-267-9677). Interested parties can also purchase
the Annex online from ICAO at: store.icao.int/en/annexes/annex-16.
H. Miscellaneous Amendments
This rule includes the following changes to part 34 to improve the
clarity of the nonvolatile particulate matter emissions standards,
align the provisions described with those of the EPA in 40 CFR part
1031 (formerly 40 CFR part 87), and make other minor changes as
described:
(1) Definitions in Sec. 34.1. This rule adds a definition of nvPM,
and revises the definition of ``Derivative engine for emissions
certification purposes'' for consistency with EPA regulations in 40 CFR
part 1031 and ICAO Annex 16 Volume II. This rule revises the definition
of ``Reference day condition'' to include a more accurate value for
specific humidity that is recognized in the general scientific
community and is consistent with the definitions used by the EPA and
ICAO. This rule removes the definition of ``Fuel venting'' from Sec.
34.1 in favor of the more specific description of fuel venting in Sec.
34.11, where it applies.
(2) Abbreviations in Sec. 34.2: The following terms are added to
the list of abbreviations in Sec. 34.2: nvPM, nvPMMC,
nvPMmass, and nvPMnum. The abbreviation ``lb'' is
corrected to ``lbf.'' Pound force (lbf) is used in part 34 as the
English measurement equivalent of a rated output stated in kilonewton
[[Page 31083]]
(kN). The abbreviation ``lb'' refers to pounds mass. Three
abbreviations used in part 34 were found to be missing from the Sec.
34.2 list and are added in this rule: m for meter, mg for milligram(s),
and [micro]g for microgram(s). The amendment includes the full
corrected list of abbreviations used in part 34.
(3) Updated references to EPA regulations: The replacement of
references to 40 CFR part 87 with updated references to 40 CFR part
1031 in Sec. Sec. 34.3, 34.6(h) and 34.7(d). In the case of Sec.
34.3, the references were numerous, and some were more specific, such
that the FAA chose to set out the text of the entire section, rather
than describe individual instances.
(4) Updated references to 14 CFR part 34: The removal of the
acronym ``FAR,'' replacing it with an appropriate reference to the
regulations of part 34 or 40 CFR part 1031. The term ``FAR'' is not a
recognized legal reference to the regulations in Title 14 of the Code
of Federal Regulations.
V. Regulatory Notices and Analyses
Federal agencies consider impacts of regulatory actions under a
variety of executive orders and other requirements. First, Executive
Order 12866 and Executive Order 13563, as amended by Executive Order
14094 (``Modernizing Regulatory Review''), direct that each Federal
agency shall propose or adopt a regulation only upon a reasoned
determination that the benefits of the intended regulation justify the
costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96-354)
requires agencies to analyze the economic impact of regulatory changes
on small entities. Third, the Trade Agreements Act (Pub. L. 96-39)
prohibits agencies from setting standards that create unnecessary
obstacles to the foreign commerce of the United States. Fourth, the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies
to prepare a written assessment of the costs, benefits, and other
effects of proposed or final rules that include a Federal mandate that
may result in the expenditure by State, local, and tribal governments,
in the aggregate, or by the private sector, of $100 million or more
(adjusted annually for inflation) in any one year. The current
threshold after adjustment for inflation is $177 million using the most
current (2022) Implicit Price Deflator for the Gross Domestic Product.
This portion of the preamble presents the FAA's analysis of the
economic impacts of this rule.
In conducting these analyses, the FAA has determined that this
rule: will result in benefits that justify costs; is not an
economically ``significant regulatory action'' as defined in section
3(f) of Executive Order 12866; will not have a significant economic
impact on a substantial number of small entities; will not create
unnecessary obstacles to the foreign commerce of the United States; and
will not impose an unfunded mandate on State, local, or tribal
governments, or on the private sector.
A. Regulatory Impact Analysis
The FAA expects minimal cost savings to result from the final rule.
The FAA will be implementing emission standards promulgated by the EPA
on November 23, 2022, which adopted the standards previously set by
ICAO. The EPA standards conform to the ICAO standards and the FAA does
not have the authority to change the emissions standards adopted by the
EPA. Manufactures are already complying with the ICAO nvPM standards to
be able to market their aircraft worldwide, so this final rule will not
place any new costs on manufacturers when engines are certificated in
the United States.
Manufacturers would likely incur some extra costs if this rule is
not implemented, as they would be required to seek certification with a
non-U.S. certification authority. The FAA identified five U.S.-based
manufacturers that are affected by this final rule. The costs of full
emissions certification that includes nvPM emissions in the U.S. is
estimated to average $548,733 \7\ per engine tested, in 2019
dollars.\8\ However, the flat fee for certification in the European
Union is 405,310 euros \9\ or $453,875 in 2019 currency exchange rate
terms.\10\ These certification cost estimates do not account for the
transportation, staffing, and administrative costs manufacturers would
have to incur.\11\
---------------------------------------------------------------------------
\7\ The $500,000 cost estimate provided to ICAO is in 2013
dollars which calculates to $548,733 in 2019 dollars. The Bureau of
Economic Analysis Gross Domestic Price Deflator data was used to
convert the cost estimate into 2019 dollars. https://apps.bea.gov/iTable/?reqid=19&step=3&isuri=1&1921=survey&1903=11#eyJhcHBpZCI6MTksInN0ZXBzIjpbMSwyLDMsM10sImRhdGEiOltbIk5JUEFfVGFibGVfTGlzdCIsIjExIl0sWyJDYXRlZ29yaWVzIiwiU3VydmV5Il0sWyJGaXJzdF9ZZWFyIiwiMjAxMCJdLFsiTGFzdF9ZZWFyIiwiMjAyMiJdLFsiU2NhbGUiLCIwIl0sWyJTZXJpZXMiLCJBIl1dfQ=.
\8\ Industry average cost estimates for engine emissions
certification provided to ICAO as part of the nvPM emissions
standard updates to Annex 16, Volume II.
\9\ https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1591083932919&uri=CELEX:32019R2153.
\10\ The 2019 annual average exchange rate of 1.1198 was used to
calculate the value in dollar terms. 1/0.893 = 1.1198. https://www.irs.gov/individuals/international-taxpayers/yearly-average-currency-exchange-rates.
\11\ Manufacturers may shop for the best price with other non-
U.S. authorities, however, we expect costs savings to be minimal in
all situations due to the flat fees, costs of transportation,
staffing, and administrative costs associated with the
certification.
---------------------------------------------------------------------------
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) of 1980, (5 U.S.C. 601-612),
as amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (Pub. L. 104-121) and the Small Business Jobs Act of 2010 (Pub. L.
111-240), requires Federal agencies to consider the effects of the
regulatory action on small business and other small entities and to
minimize any significant economic impact. The term ``small entities''
comprises small businesses and not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
As described in the RIA, the FAA identified five U.S. manufacturers
that would be affected by this final rule. Based on the Small Business
Administration (SBA) size standard for aircraft engine and engine parts
manufacturing (Table 1), all five manufacturers are large businesses.
If an agency determines that a rulemaking will not result in a
significant economic impact on a substantial number of small entities,
the head of the agency may so certify under section 605(b) of the RFA.
Therefore, as provided in section 605(b) and based on the foregoing,
the head of FAA certifies that this rulemaking will not result in a
significant economic impact on a substantial number of small entities.
The FAA welcomes comments on the basis for this certification.
[[Page 31084]]
Table 1--Small Business Administration Size Standard
----------------------------------------------------------------------------------------------------------------
NAICS code Description Size standard
----------------------------------------------------------------------------------------------------------------
336412.................................. Aircraft Engine and Engine Parts 1,500 Employees.
Manufacturing.
----------------------------------------------------------------------------------------------------------------
Source: SBA (2022).\12\
NAICS--North American Industrial Classification System.
C. International Trade Impact Assessment
---------------------------------------------------------------------------
\12\ Small Business Administration (SBA). 2022. Table of Size
Standards. Effective October 1, 2022. https://www.sba.gov/document/support-table-size-standards.
---------------------------------------------------------------------------
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards.
The FAA has assessed the potential effect of this rule and
determined that it maintains the same standards for engine emissions
certification of nvPM as was adopted by ICAO. As a result, the FAA does
not consider this rule as creating an unnecessary obstacle to foreign
commerce.
D. Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal government having first provided the funds to pay
those costs. The FAA determined that this final rule will not result in
the expenditure of $177 million or more by State, local, or tribal
governments, in the aggregate, or the private sector, in any one year.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. The FAA has determined that
there is no new requirement for information collection associated with
this final rule since emissions testing is already required as part of
aircraft engine certification.
F. International Compatibility and Cooperation
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
reviewed the corresponding ICAO Standards and Recommended Practices and
has identified the no differences with these regulations. This
regulation is a conforming action to adopt the same standards for nvPM
certification that are contained in the ICAO SARPs.
G. Environmental Analysis
FAA Order 1050.1F identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act (NEPA) in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 5-6.6f for regulations and involves
no extraordinary circumstances.
H. Regulations Affecting Intrastate Aviation in Alaska
Section 1205 of the FAA Reauthorization Act of 1996 (110 Stat.
3213) requires the Administrator, when modifying 14 CFR regulations in
a manner affecting intrastate aviation in Alaska, to consider the
extent to which Alaska is not served by transportation modes other than
aviation, and to establish appropriate regulatory distinctions. Because
this final rule sets standards for aircraft engine emissions at the
time of certification, no effect on intrastate aviation in Alaska is
expected.
VI. Executive Order Determinations
A. Executive Order 13132, Federalism
The FAA has analyzed this final rule under the principles and
criteria of Executive Order (E.O.) 13132, Federalism. The FAA has
determined that this action will not have a substantial direct effect
on the States, or the relationship between the Federal Government and
the States, or on the distribution of power and responsibilities among
the various levels of government, and, therefore, will not have
federalism implications.
B. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments
Consistent with Executive Order 13175, Consultation and
Coordination with Indian Tribal Governments,\13\ and FAA Order 1210.20,
American Indian and Alaska Native Tribal Consultation Policy and
Procedures,\14\ the FAA ensures that Federally Recognized Tribes
(Tribes) are given the opportunity to provide meaningful and timely
input regarding proposed Federal actions that have the potential to
have substantial direct effects on one or more Indian tribes, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes; or to affect uniquely or significantly
their respective Tribes. The FAA has not identified any unique or
significant effects, environmental or otherwise, on tribes resulting
from this final rule.
---------------------------------------------------------------------------
\13\ 65 FR 67249 (Nov. 6, 2000).
\14\ FAA Order No. 1210.20 (Jan. 28, 2004), available at http://www.faa.gov/documentLibrary/media/1210.pdf.
---------------------------------------------------------------------------
C. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
The FAA analyzed this final rule under E.O. 13211, Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The FAA has determined that this
rule is not a ``significant energy action'' under the executive order
and is not likely to have a significant adverse effect on the supply,
distribution, or use of energy.
D. Executive Order 13609, Promoting International Regulatory
Cooperation
Executive Order 13609, Promoting International Regulatory
Cooperation, promotes international regulatory cooperation to meet
shared challenges
[[Page 31085]]
involving health, safety, labor, security, environmental, and other
issues and reduce, eliminate, or prevent unnecessary differences in
regulatory requirements. The FAA has analyzed this action under the
policy and agency responsibilities of Executive Order 13609. The FAA
has determined that this action will eliminate differences between U.S.
aviation standards and those of other civil aviation authorities by
implementing the same aircraft certification requirements for nvPM
emissions that are in ICAO Annex 16.
VII. How To Obtain Additional Information
A. Electronic Access and Filing
A copy of this final rule, any background material, and all
comments received may be viewed online at www.regulations.gov using the
docket number listed above. Electronic retrieval help and guidelines
are available on the website. It is available 24 hours each day, 365
days each year. An electronic copy of this document may also be
downloaded from the Office of the Federal Register's website at
www.federalregister.gov and the Government Publishing Office's website
at www.govinfo.gov. A copy may also be found at the FAA's Regulations
and Policies website at www.faa.gov/regulations_policies.
Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling (202) 267-9677.
Commenters must identify the docket or notice number of this
rulemaking.
All documents the FAA considered in developing this final rule,
including economic analyses and technical reports, may be accessed in
the electronic docket for this rulemaking.
B. Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires the FAA to comply with small entity requests for
information or advice about compliance with statutes and regulations
within its jurisdiction. A small entity with questions regarding this
document may contact its local FAA official, or the person listed under
the FOR FURTHER INFORMATION CONTACT heading at the beginning of the
preamble. To find out more about SBREFA on the internet, visit
www.faa.gov/regulations_policies/rulemaking/sbre_act/.
List of Subjects in 14 CFR Part 34
Aircraft, Aviation safety, Air pollution control, Incorporation by
reference, Reporting and recordkeeping requirements.
In consideration of the foregoing, the Federal Aviation
Administration is amending chapter I of title 14, Code of Federal
Regulations as follows:
PART 34--FUEL VENTING AND EXHAUST EMISSION REQUIREMENTS FOR TURBINE
ENGINE POWERED AIRPLANES
0
1. The authority citation for part 34 continues to read as follows:
Authority: 42 U.S.C. 4321 et seq., 7572; 49 U.S.C. 106(g),
40113, 44701-44702, 44704, 44714.
Subpart A--General Provisions
0
2. Amend Sec. 34.1 by:
0
a. Revising and republishing the definition for Characteristic level;
0
b. Revising the definition for Derivative engines for emissions
certification purposes;
0
c. Removing the definition for Fuel venting emissions;
0
d. Adding in alphabetical order a definition for Non-volatile
particulate matter; and
0
e. Revising the definition for Reference day conditions.
The revisions, republication, and addition read as follows:
Sec. 34.1 Definitions.
* * * * *
Characteristic level has the meaning given in Appendix 6 of ICAO
Annex 16 as of July 2008 (incorporated by reference, see Sec. 34.4).
The characteristic level is a calculated emission level for each
pollutant based on a statistical assessment of measured emissions from
multiple tests.
* * * * *
Derivative engine for emissions certification purposes means an
engine that is similar in design to an engine that has demonstrated
compliance with the applicable exhaust emission standards of this part,
as determined by the FAA, and has a U.S. type certificate issued in
accordance with part 33 of this chapter.
* * * * *
Non-volatile particulate matter (nvPM) means emitted particles that
remain at the exhaust nozzle exit plane of a gas turbine engine, and
that did not volatilize after being heated to a temperature of at least
350 [deg]C.
* * * * *
Reference day condition means the reference ambient conditions to
which the measured smoke, nvPM, and gaseous emissions must be
corrected. The reference day conditions are as follows:
(1) Temperature = 15 [deg]C,
(2) Specific humidity = 0.00634 kg H2O/kg of dry air, and
(3) Pressure = 101.325 kPa
* * * * *
0
3. Revise Sec. 34.2 to read as follows:
Sec. 34.2 Abbreviations.
The abbreviations used in this part have the following meanings in
both upper and lower case:
CO2 Carbon dioxide
CO Carbon monoxide
EPA United States Environmental Protection Agency
FAA Federal Aviation Administration, United States Department of
Transportation
g Gram(s)
HC Hydrocarbon(s)
HP Horsepower
hr Hour(s)
H2O Water
kg Kilogram(s)
kJ Kilojoule(s)
kN Kilonewton(s)
kW Kilowatt(s)
lbf Pound force
LTO Landing and takeoff
m Meter(s)
mg Milligram(s)
[micro]g Microgram(s)
min Minute(s)
MJ Megajoule(s)
NOX Oxides of nitrogen
nvPM Non-volatile particulate matter
nvPMmass Non-volatile particulate matter mass
nvPMMC Non-volatile particulate matter mass concentration
nvPMnum Non-volatile particulate matter number
Pa Pascal(s)
rO Rated output
rPR Rated pressure ratio
sec Second(s)
SP Shaft power
SN Smoke number
T Temperature in degrees Kelvin
TIM Time in mode
[deg]C Degrees Celsius
% Percent
0
4. Revise and republish Sec. 34.3 to read as follows:
Sec. 34.3 General requirements.
(a) This part provides for the approval or acceptance by the
Administrator or the Administrator of the EPA of testing and sampling
methods, analytical techniques, and related equipment not identical to
those specified in this part. Before either approves or accepts any
such alternate, equivalent, or otherwise
[[Page 31086]]
nonidentical procedures or equipment, the Administrator or the
Administrator of the EPA shall consult with the other in determining
whether or not the action requires rulemaking under sections 231 and
232 of the Clean Air Act, as amended, consistent with the
responsibilities of the Administrator of the EPA and the Secretary of
Transportation under sections 231 and 232 of the Clean Air Act.
(b) Under section 232 of the Act, the Secretary of Transportation
issues regulations to ensure compliance with 40 CFR part 1031. This
authority has been delegated to the Administrator of the FAA in
accordance with 49 CFR 1.47.
(c) This part applies to civil airplanes that are powered by
aircraft gas turbine engines of the classes specified herein and that
have U.S. standard airworthiness certificates.
(d) Pursuant to the definition of ``aircraft'' in 40 CFR 1031.205,
this regulation applies to civil airplanes that are powered by aircraft
gas turbine engines of the classes specified herein and that have
foreign airworthiness certificates that are equivalent to U.S. standard
airworthiness certificates. This regulation applies only to those
foreign civil airplanes that, if registered in the United States, would
be required by applicable regulations to have a U.S. standard
airworthiness certificate in order to conduct the operations intended
for the airplane. Pursuant to 40 CFR 1031.5, this regulation does not
apply where it would be inconsistent with an obligation assumed by the
United States to a foreign country in a treaty, convention, or
agreement.
(e) Reference in this regulation to 40 CFR part 1031 refers to
title 40 of the Code of Federal Regulations, chapter I--Environmental
Protection Agency, part 1031, Control of Air Pollution from Aircraft
and Aircraft Engines (40 CFR part 1031).
(f) This part contains regulations that implement compliance with
certain standards contained in 40 CFR part 1031. If EPA takes any
action, including the issuance of an exemption or issuance of a revised
or alternate procedure, test method, or other regulation, the effect of
which is to relax or delay the effective date of any provision of 40
CFR part 1031 that is made applicable to an aircraft under this part,
the Administrator of FAA will grant a general administrative waiver of
the more stringent requirements until this part is amended to reflect
the requirements relaxed by EPA.
(g) Unless otherwise stated, all terminology and abbreviations in
this part that are defined in 40 CFR part 1031 have the meaning
specified in that part, and all terms in 40 CFR part 1031 that are not
defined in that part but that are used in this part have the meaning
given them in the Clean Air Act, Public Law 91-604, as amended.
(h) All interpretations of 40 CFR part 1031 that are promulgated by
the EPA also apply to this part.
(i) If the EPA, under 40 CFR part 1031, approves or accepts any
testing and sampling procedures or methods, analytical techniques, or
related equipment not identical to those specified in that part, this
part requires an applicant to show that such alternate, equivalent, or
otherwise non-identical procedures have been complied with, and that
such alternate equipment was used to show compliance, unless the
applicant elects to comply with those procedures, methods, techniques,
and equipment specified in 40 CFR part 1031.
(j) If the EPA, under 40 CFR 1031, prescribes special test
procedures for any aircraft or aircraft engine that is not susceptible
to satisfactory testing using the procedures in 40 CFR part 1031, the
applicant must demonstrate to the FAA Administrator that they are in
compliance with those special test procedures.
(k) Wherever 40 CFR part 1031 requires agreement, acceptance, or
approval by the Administrator of the EPA, this part requires a showing
that such agreement or approval has been obtained.
(l) Pursuant to 42 U.S.C. 7573, no state or political subdivision
thereof may adopt or attempt to enforce any standard respecting
emissions of any air pollutant from any aircraft or engine thereof
unless that standard is identical to a standard made applicable to the
aircraft by the terms of this part.
(m) If EPA, by regulation or exemption, relaxes a provision of 40
CFR part 1031 that is implemented in this part, no state or political
subdivision thereof may adopt or attempt to enforce the terms of this
part that are superseded by the relaxed requirement.
(n) If any provision of this part is rendered inapplicable to a
foreign aircraft as provided in 40 CFR 1031.5 (international
agreements), and paragraph (d) of this section, that provision may not
be adopted or enforced against that foreign aircraft by a state or
political subdivision thereof.
(o) For exhaust emissions requirements of this part that apply
beginning February 1, 1974, January 1, 1976, January 1, 1978, January
1, 1984, and August 9, 1985, continued compliance with those
requirements is shown for engines for which the type design has been
shown to meet those requirements, if the engine is maintained in
accordance with applicable maintenance requirements of 14 CFR chapter
I. All methods of demonstrating compliance and all model designations
previously found acceptable to the Administrator shall be deemed to
continue to be an acceptable demonstration of compliance with the
specific standards for which they were approved.
(p) Each applicant must allow the Administrator to make, or
witness, any test necessary to determine compliance with the applicable
provisions of this part.
0
5. Amend Subpart A by adding Sec. 34.4 to read as follows:
Sec. 34.4 Incorporation by Reference.
Certain material is incorporated by reference into this part with
the approval of the Director of the Federal Register under 5 U.S.C.
552(a) and 1 CFR part 51). All approved material is available for
inspection at the FAA and at the National Archives and Records
Administration (NARA). Contact the FAA Office of Rulemaking (ARM), 800
Independence Avenue SW, Washington, DC 20590 (telephone 202-267-9677)
For information on the availability of this material at NARA, visit
www.archives.gov/federal-register/cfr/ibr-locations or email
[email protected].
(a) The material may be obtained from the following source:
International Civil Aviation Organization (ICAO): Document Sales Unit,
999 University Street, Montreal, Quebec H3C 5H7, Canada, phone + 1 514-
954-8022, or www.icao.int.
(1) Annex 16 to the Convention on International Civil Aviation:
Environmental Protection, Volume II--Aircraft Engine Emissions, Third
Edition, July 2008 (ICAO Annex 16); in Sec. Sec. 34.1 and 34.60.
(2) Annex 16 to the Convention on International Civil Aviation:
Environmental Protection, Volume II--Aircraft Engine Emissions, Fourth
Edition, July 2017 (ICAO Annex 16, Volume II), in Sec. Sec. 34.71 and
34.73.
(b) [Reserved]
0
6. Amend Sec. 34.6 by revising paragraph (b) to read as follows:
Sec. 34.6 Aircraft safety.
* * * * *
(b) Consistent with 40 CFR part 1031, if the FAA Administrator
determines that any emission control regulation in this part cannot be
safely applied to an aircraft, that provision may not be adopted or
enforced against that aircraft
[[Page 31087]]
by any state or political subdivision thereof.
* * * * *
0
7. Amend Sec. 34.7 by revising paragraph (d) to read as follows:
Sec. 34.7 Exemptions.
* * * * *
(d) Applicants seeking exemption from other emissions standards of
this part and 40 CFR 1031.15. Applicants must request exemption from
both the FAA and the EPA, even where the underlying regulatory
requirements are the same. The FAA and EPA will jointly consider such
exemption requests, and will assure consistency in the respective
agency determinations.
* * * * *
0
8. Amend Sec. 34.11 by revising paragraph (a) and the introductory
text of paragraph (c) to read as follows:
Sec. 34.11 Standard for fuel venting emissions.
(a) No liquid fuel venting emissions shall be discharged into the
atmosphere from any new or in-use aircraft gas turbine engine subject
to the subpart. This paragraph is directed at the elimination of
intentional discharge to the atmosphere of fuel drained from fuel
nozzle manifolds after engines are shut down and does not apply to
normal fuel seepage from shaft seals, joints, and fittings.
* * * * *
(c) As applied to an airframe or an engine, any manufacturer or
operator may show compliance with the liquid fuel venting and emissions
requirements of this section that were effective beginning February 1,
1974 or January 1, 1975, by any means that prevents the intentional
discharge of fuel from fuel nozzle manifolds after the engines are shut
down. Acceptable means of compliance include one of the following:
* * * * *
0
9. Amend Sec. 34.21 by revising paragraph (e) to read as follows:
Sec. 34.21 Standards for exhaust emissions.
* * * * *
(e) Smoke exhaust emissions from each gas turbine engine shall not
exceed:
(1)(A) For Class TF of rated output less than 26.7 kN (6,000 lbf)
manufactured on or after August 9, 1985, and before July 18, 2012:
SN = 83.6(rO)-0.274 (rO is in kN) not to exceed a maximum of
SN = 50.
(B) For Classes TF, T3, and T8 of rated output less than 26.7 kN
(6,000 lbf) manufactured on or after July 18, 2012, and before January
1, 2023:
SN = 83.6(rO)-0.274 or 50.0, whichever is smaller.
(C) For Classes TF, T3, and T8 of rated output of 26.7 kN (6,000
lbf) or less manufactured on or after January 1, 2023:
SN = 83.6(rO)-0.274 or 50.0, whichever is smaller.
(2) For Classes T3, T8, TSS, and TF of rated output greater than or
equal to-26.7 kN (6,000 lbf) manufactured on or after January 1, 1984,
and before January 1, 2023:
SN = 83.6(rO)-0.274 (rO is in kN) not to exceed a maximum of
SN = 50.
(3) For Class TP of rated output equal to or greater than 1,000 kW
manufactured on or after January 1, 1984:
SN = 187(rO)-0.168 (rO is in kW).
(4) For Class TSS manufactured on or after January 1, 2023:
SN = 83.6(rO)-0.274 (rO is in kN) not to exceed a maximum of
SN = 50.
* * * * *
Sec. 34.23 [Amended]
0
10. Amend Sec. 34.23 by removing and reserving paragraph (a)(1).
0
11. Amend Subpart C by adding Sec. 34.25 to read as follows:
Sec. 34.25 Non-volatile particulate emissions standards (nvPM).
The standards of this section apply to an aircraft engine of Class
TF, T3, or T8 with a rated output greater than 26.7 kN that is
manufactured after January 1, 2023. Where a maximum nvPMMC
standard is expressed as a formula, calculate and round the standard to
the nearest 1.0 [mu]g/m\3\. Where an nvPMmass standard is
expressed as a formula, calculate and round the standard to three
significant figures or to the nearest 0.1 mg/kN. Where an
nvPMnum standard is expressed as a formula, calculate and
round the standard to three significant figures. Engines comply with an
applicable standard if the test results show that the engine type
certificate family's characteristic level does not exceed the numerical
level of the nvPM standard when tested as described in subpart H of
this part.
(a) Except as provided in paragraph (b) or (c) of this section;
(1) The characteristic level for the maximum nvPMMC
expressed in units of [mu]g/m\3\ must not exceed the following:
nvPMMC = 10(3+2.9r0-0.274)
and
(2) The characteristic level for nvPM mass expressed in [mg/kN] and
for nvPM number expressed in [particles/kN] must not exceed the
following:
Table 1 to Paragraph (a)(2)
----------------------------------------------------------------------------------------------------------------
nvPMnum (particles/kN)
Class Rated output (rO) (kN) nvPMmass (mg/kN)
----------------------------------------------------------------------------------------------------------------
TF, T3, T8........................... 26.7 < rO <= 200....... 4646.9 - 21.497 (rO)... 2.669 x 10\16\ - 1.126
x 10\14\ (rO).
rO > 200............... 347.5.................. 4.170 x 10\15\.
----------------------------------------------------------------------------------------------------------------
(b) For a change in type design by the type design holder, when the
application for an amended type certificate is filed after January 1,
2023:
(1) If the engine qualifies as a derivative engine in accordance
with Sec. 34.48 of this part, no testing is required for the engine to
use the same nvPM certificated parameters (nvPMmass,
nvPMnum, and maximum nvPMMC) as the engine it is
derived from; or
(2) If the engine does not qualify as a derivative engine in
accordance with Sec. 34.48 of this part, the applicant must
demonstrate compliance with each requirement in paragraph (a) of this
section.
(c) For issuance of an original type certificate when an
application for type certification is filed after January 1, 2023, the
applicant must demonstrate that the engine does not exceed:
(1) For maximum nvPMMC: as prescribed in paragraph
(a)(1) of this section; and
(2) For the characteristic level for nvPMmass expressed
in units of [mg/kN], and for nvPMnum expressed in units of
[particles/kN], the following:
[[Page 31088]]
Table 2 to Paragraph (c)(2)
----------------------------------------------------------------------------------------------------------------
nvPMnum (particles/kN)
Class Rated output (rO) (kN) nvPMmass (mg/kN)
----------------------------------------------------------------------------------------------------------------
TF, T3, T8........................... 26.7 < rO <= 150....... 1251.1 - 6.914 (rO).... 1.490 x 10\16\ - 8.080
x 10\13\ (rO).
rO > 150............... 214.0.................. 2.780 x 10\15\.
----------------------------------------------------------------------------------------------------------------
0
12. Amend Sec. 34.48 by revising paragraph (a) introductory text and
paragraph (b) to read as follows:
Sec. 34.48 Derivative engines for emissions certification purposes.
(a) General. A type certificate holder may request from the FAA a
determination that an engine configuration is considered a derivative
engine for emissions certification purposes (all gaseous emissions and
either nvPM or smoke number as applicable). To be considered a
derivative engine for emissions certification purposes under this part,
the configuration must have been derived from the original engine that
was certificated to the requirements of part 33 of this chapter and one
of the following:
* * * * *
(b) Emission similarity (1) The type certificate holder must
demonstrate that the proposed derivative engine model's emissions meet
the applicable standards and differ from the original model's emission
rates within the following ranges and values:
(i) 3.0 g/kN for NOX.
(ii) 1.0 g/kN for HC.
(iii) 5.0 g/kN for CO.
(iv) 2.0 SN for smoke (where applicable).
(v) The following values apply for maximum nvPMMC,
nvPMmass, and nvPMnum (where applicable):
(A) maximum nvPMMC:
(1) 200 [mu]g/m3 if the characteristic level of maximum
nvPMMC is below 1,000 [mu]g/m\3\; or
(2) 20% of the characteristic level if the
characteristic level for maximum nvPMMC is at or above 1,000
[mu]g/m\3\.
(B) nvPMmass:
(1) 80 mg/kN if the characteristic level for nvPMmass
emissions is below 400 mg/kN; or
(2) 20% of the characteristic level if the
characteristic level for nvPMmass emissions is greater than
or equal to 400 mg/kN.
(C) nvPMnum:
(1) 4 x 10\14\ particles/kN if the characteristic level for
nvPMnum emissions is below 2x10\15\ particles/kN; or
(2) 20% of the characteristic level if the
characteristic level for nvPMnum emissions is greater than
or equal to 2 x 10\15\ particles/kN.
(2) If the characteristic level of the original certificated engine
model (or any other sub-models within the emission type certificate
family tested for certification) before modification is at or above 95%
of the applicable standard for any pollutant, an applicant must measure
the proposed derivative engine model's emissions for all pollutants to
demonstrate that the derivative engine's resulting characteristic
levels will not exceed the applicable emission standards. If the
characteristic levels of the originally certificated engine model (and
all other sub-models within the emission type certificate family tested
for certification) are below 95% of the applicable standard for each
pollutant, the applicant may use engineering analysis consistent with
good engineering judgment to demonstrate that the derivative engine
will not exceed the applicable emission standards. The engineering
analysis must address all modifications from the original engine,
including those approved for previous derivative engines.
(3) In unusual circumstances and consistent with good engineering
judgement, the FAA may adjust the ranges specified in paragraph (b)(1)
of this section to evaluate a proposed derivative engine.
* * * * *
0
13. Amend Sec. 34.60 by revising paragraph (h) to read as follows:
Sec. 34.60 Introduction.
* * * * *
(h) The system and procedure for sampling and measurement of
gaseous emissions shall be as specified by in Appendices 2, 3, 4, 5 and
6 to the International Civil Aviation Organization (ICAO) Annex 16,
Environmental Protection, Volume II, Aircraft Engine Emissions, Third
Edition, July 2008 (incorporated by reference, see Sec. 34.4).
0
14. Add subpart H to read as follows:
Subpart H--Test Procedures and Compliance Demonstration for Non-
Volatile Particulate Matter Emissions
34.71 Non-Volatile Particulate Matter (nvPM) Test Procedures.
34.73 Demonstration of compliance for nvPM emissions.
Subpart H--Test Procedures and Compliance Demonstration for Non-
Volatile Particulate Matter Emissions
Sec. 34.71 Non-volatile particulate matter (nvPM) test procedures.
For each Class TF, T3, or T8 engine manufactured after January 1,
2023, that has a rated output greater than 26.7 kN, the test procedures
for measuring each required nvPM parameter are as follows:
(a) Measure the emissions of all nvPM parameters required in this
part, as applicable.
(b) Collect data from at least three engine tests, with each test
conducted at the reference LTO time/thrust combinations shown in
paragraph (h) of this section.
(c) For the engines referenced in paragraph (b) of this section,
all emissions certification tests may be conducted on one or more
engines of the same type design.
(d) Use a test fuel that meets the specifications described in
Appendix 4 of ICAO Annex 16, Volume II (incorporated by reference, see
Sec. 34.4). The test fuel must not have any additive whose purpose is
to suppress nvPM emissions.
(e) (1) When conducting test measurements in accordance with
paragraphs (a) through (c) of this section, use the equipment and
procedures specified in Appendix 1, Appendix 4, Appendix 6, and
Appendix 7 of ICAO Annex 16, Volume II (incorporated by reference, see
Sec. 34.4), when demonstrating whether an engine meets the applicable
nvPM limit specified in Sec. 34.25 of this part.
(2) An applicant that seeks to use a procedure or equipment that
differs from any specified in this part must request FAA approval in
writing with supporting justification before the alternative procedure
or equipment may be used to demonstrate compliance. The FAA will
consult with the EPA on any such request. The FAA may approve the
requested alternative for measuring nvPM, including testing and
sampling methods, analytical techniques, and equipment specifications.
Each request must meet one of the following conditions:
[[Page 31089]]
(i) The engine cannot be tested using a specified procedure; or
(ii) The alternative procedure is shown to be equivalent to, or
more accurate or precise than, the specified procedure.
(f) Any engine accessory included in a type design that may
reasonably be expected to influence either nvPM emissions or
measurements must be installed on the engine before testing. The test
engine must not extract shaft power or bleed service air to provide
power to auxiliary gearbox-mounted components necessary to drive
aircraft systems;
(g) For each percentage of rated output thrust level prescribed in
paragraph (h) of this section, a test engine must reach and maintain a
steady operating condition before any nvPM emission measurement is
made;
(h) The following landing and takeoff (LTO) cycles apply for nvPM
emissions testing and for calculating weighted LTO values:
Table 1 to Paragraph (h)
------------------------------------------------------------------------
Class TF, T3, T8
Mode -----------------------
TIM (min) % of rO
------------------------------------------------------------------------
Taxi/idle....................................... 26.0 7
Takeoff......................................... 0.7 100
Climbout........................................ 2.2 85
Descent......................................... NA NA
Approach........................................ 4.0 30
------------------------------------------------------------------------
(i) An engine complies with an applicable limit if the test results
show that the engine type certificate family's characteristic level
does not exceed any limit for maximum nvPMMC,
nvPMnum, and nvPMmass described in Sec. 34.25.
(j) All measurements collected during engine tests required in
paragraph (b) of this section must be used in the calculation of nvPM.
Before any calculations are made, the FAA must approve the exclusion of
any measurements that the applicant seeks to exclude, including any
justification for such exclusions.
(k) The system and procedure for sampling and measurement of
gaseous emissions shall be as specified by Appendices 1, 4, 6, and 7 of
ICAO Annex 16, Volume II (incorporated by reference, see Sec. 34.4).
Sec. 34.73 Demonstration of compliance for nvPM emissions.
(a) Each compliance demonstration by an applicant requires:
(1) Establishing a mean value from tests conducted on one or more
engines;
(2) Calculating a ``characteristic level'' by applying a set of
statistical factors that take into account the number of engines tested
in accordance with Sec. 34.71(b) of this part; and
(3) Rounding each characteristic level to the same number of
decimal places as the corresponding emission limit.
(b) In demonstrating compliance with this subpart, an applicant
must use the nvPM measurements collected in accordance with Sec. 34.71
as follows:
(1) An engine complies with an applicable standard when the engine
type certificate family's characteristic level does not exceed any nvPM
limit described in Sec. 34.25 of this part; and
(2) A compliance demonstration consists of:
(i) Determining the maximum nvPMMC, and the mean value
for nvPMmass and nvPMnum from the data collected
in accordance with paragraph Sec. 34.71(f) of this part;
(ii) Correcting each data point to standard temperature and
pressure conditions;
(iii) Applying the appropriate statistical factor shown in Table 6-
1 of Appendix 6 of ICAO Annex 16, Volume II (incorporated by reference,
see Sec. 34.4) to account for the number of engines tested; and
(iv) Rounding each characteristic level to the same number of
decimal places as the corresponding nvPM limit in Sec. 34.25 of this
part.
(c) (1) In determining maximum nvPMMC, an applicant must
use one of the following evaluation methods for all engines measured in
accordance with Sec. 34.71(c) of this par and using the thrust
settings given in Sec. 34.71(h) of this part. An applicant may choose
to measure additional thrust settings; while there is no restriction on
the number of thrust settings measured, the same thrust settings must
be used on each engine tested. A dataset consists of nvPMMC
measurements made at each thrust setting across the thrust range chosen
by the applicant for each engine. Plot all nvPMMC
measurements versus thrust setting.
(i) Method 1--
(A) Average the individual data points measured at each thrust
setting to develop one dataset of nvPM mass concentration for each
engine tested, creating an average dataset for each engine; and
(B) Use the averages generated in paragraph (c)(1) of this section
to develop a single curve fit to determine the overall maximum
nvPMMC value;
(ii) Method 2--
(A) Measure individual data points of nvPMMC versus
thrust. Using all datasets generated for each engine physically tested,
develop a single, separate curve fit;
(B) Determine the maximum nvPMMC from each engine curve
fit resulting from paragraph (c)(1) of this section; and
(C) If more than one engine is physically tested, average the
nvPMMC values from paragraph (c)(2) of this section to
determine the overall maximum nvPMMC value for the model
tested; or
(iii) Method 3--
(A) Develop a curve fit of nvPMMC versus thrust for each
test conducted on each engine physically tested;
(B) From each curve fit developed in paragraph (c)(1) of this
section, use the resultant curve fit equation to solve for each
maximum;
(C) Average the maximum values for each engine physically tested;
and
(D) Average the maximum values determined in paragraph
(c)(1)(iii)(C) of this section to determine the overall average maximum
nvPMMC value.
(2) Using the data measured in Sec. 34.71(b) of this part,
determine the nvPM characteristic levels for nvPMnum and
nvPMmass as follows:
(i) Average all nvPMnum and nvPMmass
measurements in units of number of particles per kN or mg per kN, as
applicable, from each emissions test at each percentage of rated output
thrust setting;
(ii) Multiply the averaged measurement from paragraph (a)(2)(i) of
this section by the appropriate time in mode (TIM) as shown in Sec.
34.71(h);
(iii) Sum the products from paragraph (a)(2)(ii) of this section to
determine the LTO values for nvPMnum and
nvPMmass; and
(iv) Divide the result of paragraph (a)(2)(iii) of this section by
the characteristic level factor, shown in Table A6-1 of Appendix 6 of
ICAO Annex 16, Volume II (incorporated by reference, see Sec. 34.4),
for the number of engines physically tested to determine the
nvPMmass and nvPMnum characteristic values.
(d) The data used to determine the regressed curves must meet a 90%
confidence interval, CI90, limit of 1.5% of each
nvPM limit specified in Sec. 34.25 of this part. If a certification
test fails to meet the CI90 limit, the engine type may still
comply with the requirements. Failure may be caused by excessive data
scatter, too few data points, or erroneous data used to regress an
accurate curve. Without deleting or removing any prior measurement
data, additional data acquired from further tests may improve the
CI90 by adding to the sample population.
(e) The following information must be reported to the FAA
substantiating
[[Page 31090]]
compliance with nvPM limits of Sec. 34.25 of this part:
(1) The values of nvPM emissions measured and computed in
accordance with the procedures and calculated as required by this
subpart in Sec. 34.71 of this part and paragraphs (a) through (d) of
this section;
(2) For each engine tested:
(i) Engine model, series, and serial number;
(ii) Rated thrust (kN);
(iii) Overall pressure ratio;
(iv) The methods of data acquisition; and
(v) The method of data analysis chosen by the applicant under
paragraphs (a) through (d) of this section.
(3) Demonstration that the fuel used for each test is in compliance
with the fuel specification listed in Appendix 4 of ICAO Annex 16,
Volume II (incorporated by reference, see Sec. 34.4). For the fuel
used for nvPM emissions certification, include the following fuel
characteristics:
(i) Hydrogen/carbon ratio;
(ii) Net heat of combustion (MJ/kg);
(iii) Hydrogen content (mass per cent);
(iv) Total aromatics content (volume per cent);
(v) Naphthalene content (volume per cent); and
(vi) Sulfur content (ppm by mass).
(4) For each engine tested for certification purposes, the
following values measured and computed in accordance with the
procedures of Sec. 34.71 of this part:
(i) Fuel flow (kg/s) at each thrust setting of the LTO cycle;
(ii) nvPM EImass (mg/kg of fuel) at each thrust setting
of the LTO cycle;
(iii) nvPM mass emission rate [nvPM EImass x fuel flow]
in mg/s;
(iv) nvPM EInum (particles/kg of fuel) at each thrust
setting of the LTO cycle;
(v) nvPM number emission rate [nvPM EInum x fuel flow]
in particles/s;
(vi) Total gross emissions of nvPM mass measured over the LTO cycle
in mg;
(vii) Total gross emissions of nvPM number measured over the LTO
cycle in particles;
(viii) LTO nvPMmass/thrust in mg/kN;
(ix) LTO nvPMnum/thrust in particles/kN; and
(x) Maximum nvPMMC in [micro]g/m\3\; and
(5) For each engine tested for certification purposes, the
characteristic levels for the maximum nvPMMC, the LTO
nvPMmass/thrust, and the LTO nvPMnum/thrust.
Issued under authority provided in 42 U.S.C 4321 et seq., 7572,
49 U.S.C. 106(f), 40113, 44701-44702, 44703, and 44704, in
Washington, DC.
Michael G. Whitaker,
Administrator.
[FR Doc. 2024-08453 Filed 4-23-24; 8:45 am]
BILLING CODE 4910-13-P